Legal System

Lawsuit Succeeds In Lifting Gag Rules At Pittsburgh Jail

May 14, 2024 Yale Law School. Resist! Censorship, Journalism, Legal System, Pittsburgh, Press Freedom, Prisoner rights

In a win for government accountability in Pennsylvania, the Media Freedom and Information Access Clinic at Yale Law School and the Reporters Committee for Freedom of the Press have succeeded in lifting Allegheny County Jail rules that forbid employees from talking to the press or posting information on social media. As part of a settlement reached in the federal First Amendment lawsuit on April 23, the Pittsburgh jail has adopted new policies that affirm employees’ right to speak and to disclose wrongdoing at the jail. The policies also empower jail employees to speak out to the press on matters of public concern.

Whistleblower David McBride To Be Sentenced

May 8, 2024 Joe Lauria, Consortium News. Resistance Report Afghanistan, Australia, David McBride, Legal System, War crimes, Whistleblowers

A sentencing hearing has concluded in the case of Australian whistleblower David McBride who was forced to plead guilty to leaking classified documents to the media after he was essentially denied a defense at his trial in November. The documents ultimately revealed evidence of war crimes committed by the Australian Defence Force. Justice David Mossop will pronounce the sentence next Tuesday. The government has demanded more than two years in prison, while the judge could impose as little as house arrest, monitoring , and counseling outside prison for up to four years. McBride, a former military lawyer, was charged with stealing government documents and giving them to journalists at the Australian Broadcasting Corporation.

Top Human Rights Court Urged To Tackle Corporate Climate Crimes

May 4, 2024 Isabella Kaminski, DeSmog. Resist! climate crisis, Climate Justice, Human Rights, Legal System

In a landmark hearing at the Inter-American Court of Human Rights, legal experts and campaigners argued that businesses, such as the fossil fuel and agriculture industries, have legal duties to stop climate-related human-rights breaches. A panel of six judges met starting April 23 in Barbados at the University of West Indies for the hearing, which was dubbed “The climate emergency and human rights.” It opened with statements from Chile and Columbia, which had requested that the court provide an advisory opinion on climate change and human rights in 2023.

Tribal Groups Want Full Ninth Circuit Court To Rehear Oak Flat Appeal

April 30, 2024 Crystal Owens, Law 360. Resist! Indigenous Sovereignty, Legal System, Oak Flat, Sacred sites

An Apache nonprofit is asking the Ninth Circuit's entire 29-judge panel to review its lawsuit that seeks to block a copper mining company from destroying a sacred Indigenous religious site, arguing that an en banc hearing is warranted given the appellate court's latest split decision on the land transfer. In a 268-page petition for a special en banc rehearing, the Apache Stronghold on Monday argued that Ninth Circuit panels have now twice tried to define "substantial burden" in the case's context, and, given the vast power it holds over the lives of Native Americans, unique circumstances warrant a full-court review.

Call To Action For Julian Assange

April 29, 2024 Assange Defense, Popular Resistance. Resist! Congress, Extradition, Julian Assange, Legal System, Press Freedom, United Kingdom (UK)

Assange’s legal team has the right to challenge the credibility and validity of the U.S. assurances filed on February 24, 2024. The U.S. would then have a right to reply to Assange’s legal submissions to the court, which will hold a hearing on May 20, 2024, to determine whether or not to accept the U.S. assurances. If the court does, Assange can be put on a plane to the U.S. theoretically that day. If not Assange would be granted a full appeal against the Home Office’s 2022 order to extradite him. We are calling for a MAYDAY FOR JULIAN. This is an action you can do from the comfort of your home. All we are asking is for you to make just 6 calls per week.

Will Prosecutors Charge Pro-Palestinian College Protestors?

April 28, 2024 Elizabeth Weill-Greenberg, Ethan Corey, Jerry Iannelli, and Meg O'Connor, The Appeal. Resist! Campus Movement, Israel, Legal System, Palestine, Police, State Repression, Student Activism

According to a nationwide review by The Appeal, students and their allies have built protest encampments or staged sit-ins on at least 53 college campuses during the past month to demand an end to U.S. military aid to Israel, that their schools divest from Israeli companies, and that Israel cease its attacks on Gaza, which have killed tens of thousands of Palestinians in what many human rights experts and international organizations have called a genocide. In nearly all cases, American law enforcement has responded to demonstrators’ concerns with threats or outright violence.

Court Decision Opens Door For Communities To Reject Dollar Stores

April 28, 2024 Kennedy Smith, Institute for Local Self-Reliance. Resist! Dollar Store, Legal System, Local Economy, Louisiana

Towns and cities have broad authority to reject dollar store development if they believe it is not in the best interest of the health, safety, and welfare of residents, according to a court ruling in a little-noticed case last November. This could be welcome news to communities pushing back against the explosive growth of dollar stores. Chains like Dollar General, Dollar Tree, and Family Dollar are targeting communities all over the US, expanding at an unprecedented pace. The number of chain dollar stores has soared over the past decade, putting one within a five-minute drive of almost every American.

Russia Freezes Assets Of Largest US Bank

April 26, 2024 Orinoco Tribune. Resist! JPMorgan, Legal System, Russia, Sanctions, VTB

A St. Petersburg court ordered the freezing of funds owned by US banking giant JPMorgan Chase in Russia on Wednesday. The ruling was made in favor of the country’s second-largest lender VTB, which ha filed a lawsuit seeking to recover $439.5 million that is blocked abroad under US-led sanctions. VTB sued JPMorgan and its subsidiaries in the Arbitration Court of St. Petersburg and Leningrad Region on April 17, court filings showed on Monday. The order targeted funds in JPMorgan’s Russian accounts and “movable and immovable property,” including the bank’s stake in a Russian subsidiary.

Threats To US Democracy Go Far Beyond Elections And Courts

April 21, 2024 Basav Sen, In These Times. Strategize! Democracy, Elections, Legal System, Money in Politics, State Repression

The idea that U.S. democracy is in danger is now widely accepted among the U.S. political class and increasingly by the American public as well. “Not since President Lincoln and the Civil War have freedom and democracy been under assault here at home as they are today,” President Biden said during his March 7 State of the Union address. Much of the media attention on the threat has focused on our electoral system and courts. These procedural elements of democracy are of course critical. But there isn’t enough public discussion of threats to substantive democracy — the degree of government accountability to the public, as well as the protection of free speech and the right to dissent.

CIA Director Claims Lawsuit Over Spying On Assange Visitors Could Damage Security

April 19, 2024 Kevin Gosztola, The Dissenter. Educate! CIA, Julian Assange, Legal System, Surveillance

CIA Director William Burns claimed that a lawsuit involving alleged spying on Americans, who visited WikiLeaks founder Julian Assange, must be dismissed or there could be “serious” and “exceptionally grave” damage to the “national security of the United States.” In a declaration [PDF] that invokes the “state secrets privilege,” Burns also maintained that the CIA could not provide any explanation in open court for why the agency believes damage could occur if the lawsuit proceeds. “[T]he complete factual bases for my privilege assertions cannot be set forth on the public record without confirming or denying whether CIA has information related to this matter and therefore risking the very harm to the U.S. national security that I seek to protect,” Burns added.

Mumia Turns 70 On April 24

April 18, 2024 Betsey Piette, Workers' World. Resist! Legal System, Mumia Abu-Jamal, Philadelphia, political prisoners

Political prisoner Mumia Abu-Jamal will turn 70 on April 24. This important life milestone will be observed in Philadelphia with an afternoon demonstration outside City Hall and District Attorney Larry Krasner’s office. Also, 1,000 petitions, collected in France, will be delivered to Pennsylvania Gov. Josh Shapiro’s satellite office, demanding that Mumia be released to rejoin his family and to seek necessary medical care. An evening indoor gathering will be held at the historic Waters Memorial AME Church at 11th and South streets.

Apache Stronghold Asks 29-Judge Appeals Court To Save Oak Flat

April 16, 2024 Ryan Colby, Becket. Resist! Arizona, Indigenous Rights, Land Rights, Legal System, Oak Flats, Sacred sites

Washington - A coalition of Western Apaches and allies today asked all 29 judges on the Ninth Circuit Court of Appeals to protect their sacred site at Oak Flat from destruction by a mining project. In Apache Stronghold v. United States, a special “en banc” panel of eleven judges split 6-5 earlier this year, refusing to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-owned mining company that plans to turn Oak Flat into a massive mining crater, ending Apache religious practices forever.

The European Court of Human Right’s First Climate Ruling

April 13, 2024 Isabella Kaminski, DeSmog. Strategize! climate crisis, European Union (EU), Human Rights, Legal System

The European Court of Human Rights (ECHR) has today ruled that insufficient action to tackle climate change is a violation of human rights. In a historic judgement, the court ruled that Switzerland’s failure to do enough to cut its greenhouse gas emissions breached the rights to respect for family and private life of some of its most vulnerable citizens. It is the first time this court, which is responsible for interpreting the European Convention on Human Rights, a treaty signed by all members of the Council of Europe (including the UK), has ruled on a climate change-related matter.

Climate: ECHR Judges Side With Swiss Group In Rights Ruling

April 9, 2024 Deutsche Welle. Resist! Climate Justice, Greta Thunberg, Legal System, Switzerland

The European Court of Human Rights (ECHR) on Tuesday delivered rulings in a group of landmark climate change cases aimed at making national governments meet treaty obligations to cut greenhouse emissions. In one of the three cases, it upheld a complaint by a group of elderly Swiss women that government failures to properly oversee emissions did violate their human rights. While activists have enjoyed past success in domestic proceedings, the verdict marks the first time an international court made such a ruling on climate change.

South African Solidarity Groups Demand Arrest Of Israeli Colonel

April 7, 2024 Palestine Solidarity Alliance, Popular Resistance. Resist! Israeli Occupying Forces, Legal System, Palestine, South Africa, War crimes

The Palestine Solidarity Alliance, the Media Review Network and the Palestine Solidarity Campaign are gravely concerned that, despite public warnings to South African citizens serving in Israel's Occupation Army (IDF) issued by DIRCO Minister Naledi Pandor, recruitment for it may still be underway in South Africa. Minister in the Presidency Khumbudzo Ntshaveni recently confirmed that individuals participating in the Middle East war are a threat to the interests of the republic and will be prosecuted. According to these solidarity groups, the man at the centre of this recent wave of recruitments is Colonel Golan Vach, described as a 35-year veteran in the IDF.

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